Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2487 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 2487
5	5	To provide for an enhanced domestic content requirement for Navy
6	6	shipbuilding programs.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	JULY25, 2023
9	9	Ms. B
10	10	ALDWINintroduced the following bill; which was read twice and referred
11	11	to the Committee on Armed Services
12	12	A BILL
13	13	To provide for an enhanced domestic content requirement
14	14	for Navy shipbuilding programs.
15	15	Be it enacted by the Senate and House of Representa-1
16	16	tives of the United States of America in Congress assembled, 2
17	17	SECTION 1. ENHANCED DOMESTIC CONTENT REQUIRE-3
18	18	MENT FOR NAVY SHIPBUILDING PROGRAMS. 4
19	19	(a) E
20	20	NHANCED DOMESTICCONTENTREQUIRE-5
21	21	MENT.— 6
22	22	(1) C
23	23	ONTRACTING REQUIREMENTS .—Except as 7
24	24	provided in paragraph (2), for purposes of chapter 8
25	25	83 of title 41, United States Code, manufactured ar-9
26	26	ticles, materials, or supplies procured as part of a 10
27	27	VerDate Sep 11 2014 00:17 Aug 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2487.IS S2487
28	28	kjohnson on DSK79L0C42PROD with BILLS 2
29	29	•S 2487 IS
30	30	Navy shipbuilding program are manufactured sub-1
31	31	stantially all from articles, materials, or supplies 2
32	32	mined, produced, or manufactured in the United 3
33	33	States if the cost of such component articles, mate-4
34	34	rials, or supplies— 5
35	35	(A) supplied during the period beginning 6
36	36	January 1, 2026, and ending December 31, 7
37	37	2027, exceeds 65 percent of the cost of the 8
38	38	manufactured articles, materials, or supplies; 9
39	39	(B) supplied during the period beginning 10
40	40	January 1, 2028, and ending December 31, 11
41	41	2032, exceeds 75 percent of the cost of the 12
42	42	manufactured articles, materials, or supplies; 13
43	43	and 14
44	44	(C) supplied on or after January 1, 2033, 15
45	45	equals 100 percent of the cost of the manufac-16
46	46	tured articles, materials, or supplies. 17
47	47	(2) A
48	48	PPLICABILITY TO RESEARCH , DEVELOP-18
49	49	MENT, TEST, AND EVALUATION ACTIVITIES .—Con-19
50	50	tracts related to shipbuilding programs entered into 20
51	51	under paragraph (1) to carry out research, develop-21
52	52	ment, test, and evaluation activities shall require 22
53	53	that these activities and the components specified 23
54	54	during these activities must meet the domestic con-24
55	55	tent requirements delineated under paragraph (1). 25
56	56	VerDate Sep 11 2014 00:17 Aug 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2487.IS S2487
57	57	kjohnson on DSK79L0C42PROD with BILLS 3
58	58	•S 2487 IS
59	59	(3) EXCLUSION FOR CERTAIN MANUFACTURED 1
60	60	ARTICLES.—Paragraph (1) shall not apply to manu-2
61	61	factured articles that consist wholly or predomi-3
62	62	nantly of iron, steel, or a combination of iron and 4
63	63	steel. 5
64	64	(4) W
65	65	AIVER.—The Secretary of Defense may 6
66	66	request a waiver from the requirements under para-7
67	67	graph (1) in order to expand sourcing to members 8
68	68	of the national technical industrial base (as that 9
69	69	term is defined in section 4801 of title 10, United 10
70	70	States Code). Any such waiver shall be subject to 11
71	71	the approval of the Director of the Made in America 12
72	72	Office and may only be requested if it is determined 13
73	73	that any of the following apply: 14
74	74	(A) Application of the limitation would in-15
75	75	crease the cost of the overall acquisition by 16
76	76	more than 25 percent or cause unreasonable 17
77	77	delays to be incurred. 18
78	78	(B) Satisfactory quality items manufac-19
79	79	tured by a domestic entity are not available or 20
80	80	domestic production of such items cannot be 21
81	81	initiated without significantly delaying the 22
82	82	project for which the item is to be acquired. 23
83	83	(C) It is inconsistent with the public inter-24
84	84	est. 25
85	85	VerDate Sep 11 2014 00:17 Aug 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2487.IS S2487
86	86	kjohnson on DSK79L0C42PROD with BILLS 4
87	87	•S 2487 IS
88	88	(5) RULEMAKING.—Not later than 180 days 1
89	89	after the date of the enactment of this Act, the Sec-2
90	90	retary of Defense, in concurrence with the Director 3
91	91	of the Made in America Office, shall issue rules to 4
92	92	determine the treatment of the lowest price offered 5
93	93	for a foreign end product for which 55 percent or 6
94	94	more of the component articles, materials, or sup-7
95	95	plies of such foreign end product are manufactured 8
96	96	substantially all from articles, materials, or supplies 9
97	97	mined, produced, or manufactured in the United 10
98	98	States if— 11
99	99	(A) the application of paragraph (1) re-12
100	100	sults in an unreasonable cost; or 13
101	101	(B) no offers are submitted to supply man-14
102	102	ufactured articles, materials, or supplies manu-15
103	103	factured substantially all from articles, mate-16
104	104	rials, or supplies mined, produced, or manufac-17
105	105	tured in the United States. 18
106	106	(6) A
107	107	PPLICABILITY.—The requirements of this 19
108	108	subsection shall apply to contracts entered into on or 20
109	109	after January 1, 2026. 21
110	110	(b) R
111	111	EPORTING ONCOUNTRY OFORIGINMANUFAC-22
112	112	TURING.—Not later than one year after the date of the 23
113	113	enactment of this Act, and annually thereafter, the Sec-24
114	114	retary of Defense shall submit to Congress a report on 25
115	115	VerDate Sep 11 2014 00:17 Aug 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2487.IS S2487
116	116	kjohnson on DSK79L0C42PROD with BILLS 5
117	117	•S 2487 IS
118	118	country of origin tracking and reporting as it relates to 1
119	119	manufactured content procured as part of Navy ship-2
120	120	building programs, including through primary contracts 3
121	121	and subcontracts at the second and third tiers. The report 4
122	122	shall describe measures taken to ensure that the country 5
123	123	of origin information pertaining to such content is re-6
124	124	ported accurately in terms of the location of manufacture 7
125	125	and not determined by the location of sale. 8
126	126	Æ
127	127	VerDate Sep 11 2014 00:17 Aug 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2487.IS S2487
128	128	kjohnson on DSK79L0C42PROD with BILLS